What are my legal obligations?

[thecharmed01]

as I understand, since you agreed to look after it by allowing it on your property, you are responsible for what happens to it while in your care.

ummmmmmmmmm NO.
If that's true, then how the heck do you think carpark owners get on?
They allow you to park any vehicle (which covers a trailer) on their property, but they bear NO responsibility for it at any time.
Just because you allow someone to park their vehicle - or trailer in this case - on your property does NOT mean you have accepted responsibility for it.
In the case of the container, that is the case, as a container is not a vehicle. It is property.

We own a towing firm, and I double checked with our lawyer this morning.
He confirmed that if I was to issue a job of this nature, that my earlier post was correct.
A vehicle (which a trailer is covered under) may be towed from private property with no repercussions to the landowner/tenant who requests the tow.

[oneofsix]

ummmmmmmmmm NO.
If that's true, then how the heck do you think carpark owners get on?
They allow you to park any vehicle (which covers a trailer) on their property, but they bear NO responsibility for it at any time.
Just because you allow someone to park their vehicle - or trailer in this case - on your property does NOT mean you have accepted responsibility for it.
In the case of the container, that is the case, as a container is not a vehicle. It is property.

We own a towing firm, and I double checked with our lawyer this morning.
He confirmed that if I was to issue a job of this nature, that my earlier post was correct.
A vehicle (which a trailer is covered under) may be towed from private property with no repercussions to the landowner/tenant who requests the tow.

Not disagreeing but just interested in clearing a couple of points that occurred to me, and no I haven't read through the whole thread so apologises if these have already been addressed.
In car parks there are signs warning that the landowner doesn't take responsibly for vehicle damage and there is a 'lease' agreement when you purchase the use of the park, usually fine print on the ticket. I understood this is how they limited their liability regarding your vehicle and limited your use of their property thereby giving them the right to remove your vehicle when your use of their property had expired.
From the bit I have read of this thread the OP has made it very clear that the use of his property has long since expired. The bit the OP may be missing is the warning that if the trailer and boat isn't removed he will have it removed at the owner's expense (that fine print on the parking voucher)

[thecharmed01]

Not disagreeing but just interested in clearing a couple of points that occurred to me, and no I haven't read through the whole thread so apologises if these have already been addressed.
In car parks there are signs warning that the landowner doesn't take responsibly for vehicle damage and there is a 'lease' agreement when you purchase the use of the park, usually fine print on the ticket. I understood this is how they limited their liability regarding your vehicle and limited your use of their property thereby giving them the right to remove your vehicle when your use of their property had expired.
From the bit I have read of this thread the OP has made it very clear that the use of his property has long since expired. The bit the OP may be missing is the warning that if the trailer and boat isn't removed he will have it removed at the owner's expense (that fine print on the parking voucher)

With private property, signs and T&C info is actually not required by law.
If it was, every single property in the country would require this, to cover any visitors or residents and that would get ridiculous pretty quickly.
These are done as a courtesy to users.
As soon as you drive off a public road, you are on SOMEONE'S private property. As such, think of it like entering a small country - the owner/tenant of the property set the rules.
So everyone will be different. Some will allow anyone use of their property for parking, others wont. But it's up to you the visitor to find out how the owner works things on their property.
They don't have to tell you - you have to ask.

With commercial carparks, if you have paid a fee to park, it's a contract between you and the property owner, to allow you to be there. But there are still no actual laws surrounding it - scary right. However you are covered under the contracts act, whereby if they towed you without reason, you have a comeback if they haven't stuck to their end of the contract.

With private property, even if you have express permission to park on someone's lawn, should they decide at ANY time they have changed their mind, they have every right to remove you without notice.
They don't have to tell you, it's their property, their rules and they call the shots.
Something to be aware of next time you ask to park at a mates place while you go into town - we've towed hundreds of cars because the wife/flatmate/husband had no idea whose car was in the driveway or on the lawn. In most cases we've had, the person who called for the tow has paid the bill as it's been towed by mistake and we often discount it for this reason. But they have to jump through hoops first :P

[dogsnbikes]

Thanks Charmed01 I off on a Mish

[p.dath]

...
With commercial carparks, if you have paid a fee to park, it's a contract between you and the property owner, to allow you to be there. But there are still no actual laws surrounding it - scary right. However you are covered under the contracts act, whereby if they towed you without reason, you have a comeback if they haven't stuck to their end of the contract.
...

I disagree. I would think both the Consumers Guarantee Act and the Fair Trading Act apply.

With regards to the CGA, I pay to park may vehicle in a car park with the expectation that it will be safe. Why else would I use such a service? Otherwise I wouldn't bother parking it there. Would a reasonable consumer park their car in a car park, and pay for the service if there was a reasonable expectation of if not being safe?
The CGA requires that the service I am paying for be fit for the purpose.

I don't think that putting up a sign saying "all care no responsibility" for my car in their pay car park could be sufficient to contract out of the CGA.

Would love to see a test case.

[Drunken Monkey]

We are also having ongoing carparking issues. Charmed01 is 100% correct. For specific references, look up:

Distress damage fesant

Jamieson's Tow and Salvage v Murray (High Court)

Arthur v Anker (UK law, but applies here - see Christchurch and Auckland district court references to this case)

Land Transport Act 1998 PART 7 - DISQUALIFICATION, DEMERIT POINTS, LICENCE SUSPENSION, AND VEHICLE IMPOUNDMENT

[chanceyy]

hmm bonfire tonite when I get there Baz ??

[thecharmed01]

We are also having ongoing carparking issues. Charmed01 is 100% correct. For specific references, look up:

Distress damage fesant

Jamieson's Tow and Salvage v Murray (High Court)

Arthur v Anker (UK law, but applies here - see Christchurch and Auckland district court references to this case)

Land Transport Act 1998 PART 7 - DISQUALIFICATION, DEMERIT POINTS, LICENCE SUSPENSION, AND VEHICLE IMPOUNDMENT

tee hee

We own Jamieson's Tow & Salvage

[thecharmed01]

I disagree. I would think both the Consumers Guarantee Act and the Fair Trading Act apply.

With regards to the CGA, I pay to park may vehicle in a car park with the expectation that it will be safe. Why else would I use such a service? Otherwise I wouldn't bother parking it there. Would a reasonable consumer park their car in a car park, and pay for the service if there was a reasonable expectation of if not being safe?
The CGA requires that the service I am paying for be fit for the purpose.

I don't think that putting up a sign saying "all care no responsibility" for my car in their pay car park could be sufficient to contract out of the CGA.

Would love to see a test case.

Actually that's 100% right, you see, while the carpark owner, would be responsible if you could somehow prove they themselves caused damage to your vehicle, they have no control over other people or what happens while your vehicle is parked.
If your car is dinged by another person parking, then it's tough luck I'm afraid. The owner of the park doesn't even have an obligation to help you find out who damaged your car.
The contract between you and a carpark, is that you give them a set fee, for permission to place your vehicle on their property. Nothing more.
They don't guarantee that your car will be 100% safe (except of course in the cases of premium carparks where they do offer that type of security at large costs) much in the same way that renting a house, will never warranty you for a random person to come and break your windows, or break in and steal stuff, or even just throw a molotov cocktail at it as they go past - extreme ideas, but should that happen to you, are you really silly enough to think you can claim it off your landlord? Doubtful...

[dogsnbikes]

THE BOAT IS GONE

Made a susprise visit too the owner just before 11 this morning(he wasn't expecting that)

After a civil chat and confirming that he was happy for me to dispose of the boat,I rang the local tip about disposing of it in general rubbish and was given a number of a old fella(his dad) building a boat,who has just taken it away,he wanted too pay me for it but I said No your doing me a favour,he reakon I was doing him a favour as it had all the controls,motor and boat bits he needed,so we agreed he would drop of some fresh fish when he gets out fishing

[nzspokes]

THE BOAT IS GONE

Made a susprise visit too the owner just before 11 this morning(he wasn't expecting that)

After a civil chat and confirming that he was happy for me to dispose of the boat,I rang the local tip about disposing of it in general rubbish and was given a number of a old fella(his dad) building a boat,who has just taken it away,he wanted too pay me for it but I said No your doing me a favour,he reakon I was doing him a favour as it had all the controls,motor and boat bits he needed,so we agreed he would drop of some fresh fish when he gets out fishing

Perfect outcome.

[merv]

Yes good outcome Baz - hope the fish come soon too.

[p.dath]

Actually that's 100% right, you see, while the carpark owner, would be responsible if you could somehow prove they themselves caused damage to your vehicle, they have no control over other people or what happens while your vehicle is parked.
If your car is dinged by another person parking, then it's tough luck I'm afraid. The owner of the park doesn't even have an obligation to help you find out who damaged your car.
The contract between you and a carpark, is that you give them a set fee, for permission to place your vehicle on their property. Nothing more....

Again, I don't agree. It doesn't matter what the implied contract is - the CGA gives me additional rights, specifically, it gives me "guarantees".

For example:
http://www.legislation.govt.nz/act/p...html#DLM312839

28. Subject to section 41, where services are supplied to a consumer there is a guarantee that the service will be carried out with reasonable care and skill.

If I park at Wilson Parking, and upon return to my vehicle I find it is damaged (doesn't matter by whoom) can you reasonably say that the service was carried out with reasonable care and skill to prevent the damage? Chances are the Wilson car park is unmanned, and they took no measures what soever to protect my vehicle. Is that a demonstration of reasonable care and skill? Simply accepting my money does not demonstrate either care or skill in providing the service.

http://www.legislation.govt.nz/act/p...html#DLM312840

29. Guarantee as to fitness for particular purpose
Subject to section 41, where services are supplied to a consumer there is a guarantee that the service, and any product resulting from the service, will be—
(a) reasonably fit for any particular purpose; and
(b) of such a nature and quality that it can reasonably be expected to achieve any particular result,—
that the consumer makes known to the supplier, before or at the time of the making of the contract for the supply of the service, as the particular purpose for which the service is required or the result that the consumer desires to achieve, as the case may be, except where the circumstances show that—
(c) the consumer does not rely on the supplier's skill or judgment; or
(d) it is unreasonable for the consumer to rely on the supplier's skill or judgment.

So lets say I write to Wilson Parking, making it known that I expect my vehicle to be safe and free from damage while in their care. I turn up, the the machine accepts my money - they are now contracted. I experience damage to my car. It was under their care. The CGA guarantees me that the parking service will will be reasonably fit to achieve the expected result.


Like I say, there needs to be a test case. I'm not at all convinced that by simply putting up a sign saying they accept no liability for damage to your property while in their care is sufficient to contract out of the guarantee made in law.

[Winston001]

THE BOAT IS GONE

Excellent result. Might I add that you seem to be a very decent bloke. You've been treated badly by a friend and yet you haven't taken direct action without considering your neighbours and giving the guy every chance to get his property.

The world is a better place with people like you.

[scumdog]

If I park at Wilson Parking, and upon return to my vehicle I find it is damaged (doesn't matter by whoom) can you reasonably say that the service was carried out with reasonable care and skill to prevent the damage? Chances are the Wilson car park is unmanned, and they took no measures what soever to protect my vehicle. Is that a demonstration of reasonable care and skill? Simply accepting my money does not demonstrate either care or skill in providing the service.


So lets say I write to Wilson Parking, making it known that I expect my vehicle to be safe and free from damage while in their care. I turn up, the the machine accepts my money - they are now contracted. I experience damage to my car. It was under their care. The CGA guarantees me that the parking service will will be reasonably fit to achieve the expected result.

Sooo. you park in George Street, put your money in the meter and walk off for half an hour.

You come back and your car has been backed into, its healight and grille smashed and no note on your windscreen saying 'sorry, here's my number, call me'.

You can't remember what sort of car had been parked on front of you let alone it's rego.

Do you sue the City Council??